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HomeMy WebLinkAboutMO-28738_47974_G_C_20210819_Conditional No Further ActionROY COOPER Governor ELIZABETH S. BISER Secretary MICHAEL SCOTT Director Revocable Trust of Sharon Saville Parker Attn: Jessica Parker 212 W. Friendly Avenue Greensboro, NC 27401 (via email) Dear Ms. Parker: NORTH CAROLINA Environmental Quality August 19, 2021 Re: Conditional Notice of No Further Action 15A NCAC 2L .0407(d) Risk -based Assessment and Corrective Action for Petroleum Underground Storage Tanks Revocable Trust of Sharon Saville Parker Property 6342 Deveron Drive, Charlotte Mecklenburg County Incident Number: 47974 Risk Classification: Low A review of information on file with the Underground Storage Tank (UST) Section, Division of Waste Management, Mooresville Regional Office indicates that soil contamination meets the cleanup requirements for a low -risk release under Title 15A NCAC 2L .0400, but contamination exceeds the limits allowed for the unrestricted use of a site where closed under risk -based cleanup standards. Groundwater was not sampled as part of the investigation. The UST Section determines the subject incident to be eligible conditionally for no further action status. However, final approval of no further action status is contingent on the filing of the approved Notice of Residual Petroleum with the Register of Deeds in the county in which the release is located, verified by the receipt of a certified copy of the filed NRP by this office (received July 28, 2021); and receipt of confirmation that public notice requirements have been completed, as described below. Be advised that as soil contamination may exceed the residential MSCCs, the portion of the property containing the soil contamination is suitable only for restricted residential use ("residential" being inclusive of, but not limited to, private houses, apartment complexes, schools, nursing homes, parks, recreation areas and day care centers), as stipulated in the Notice of Residual Petroleum (received July 28, 2021). Groundwater from the site is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated on the site. E Q�� North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 NORTH CAROLINA - oenanm,imE'Vimlmentaiaual� /� 704.663.1699 As soil contamination may exceed the residential MSCCs, pursuant to NCGS 14313-279.9 and 143B-279.11, you must file the approved plat and declaration for a Notice of Residual Petroleum with the Register of Deeds in the county in which the release is located and submit a certified copy to the UST Section within 30 days of receipt of this letter (received July 28, 2021). As soil contamination may exceed the lower of the residential or soil -to -groundwater MSCCs, public notice in accordance with 15A NCAC 2L .0409(b) also is required. Within 30 days of receipt of this letter, a copy of this letter must be provided by certified mail (or otherwise be made available by posting in a prominent place if certified mail is impractical,) to the local health director, the chief administrative officer of each political jurisdiction in which the contamination occurs, all property owners and occupants within or contiguous to the area containing contamination, and all property owners and occupants within or contiguous to the area where the contamination is expected to migrate. Within 60 days of receiving this letter, this regional office must be provided with correspondence documentation showing that each party included in the listing above either received or affirmatively refused to accept delivery of the copy of the letter (signature required delivery acceptance or documentation of refusal), and/or documentation describing the manner in which the letter was publicly posted, where applicable. Interested parties may examine information on file for this site by contacting this regional office and may submit comments about the site to the regional office at the address or telephone number listed below. This conditional No Further Action determination will not become valid until the UST Section receives a certified copy of the Notice of Residual Petroleum which is filed with the Register of Deeds and until public notice requirements are completed. If you have any questions regarding this notice, please contact me at Trudy.Beverly&ncdenr. og_v or (704) 235-2182. Sincerely, 64AAO� Trudy Beverly, L.G. Hydrogeologist Mooresville Regional Office UST Section, Division of Waste Management, NCDEQ Attachment: Notice of Residual Petroleum (filed Notice received July 28, 2021) cc: Robert Payne, Josiah Payne, & Damien Callaghan, Cedar Rock Environmental (via email) Brett Morris & Shawna Caldwell, Mecklenburg County Environmental Health, Groundwater & Wastewater Services (via email) E Q�� North Carolina Department of Environmental Quality I Division of Waste Management Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 NORTH CAROLINA _ oeparhm^t^+Envl—^ma.i� /1 ;0 704.663.1699 For Registration Fredrick Smith Register of Deeds Mecklenburg County, NC Electronically Recorded 2021 Jul 27 09:22 AM RE Excise Tax: $ 0.00 Book: 36340 Page: 541 - 546 Fee: $ 26.00 Instrument Number: 2021144052 3C� Lu. �k NOTICE OF RESIDUAL PETROLEUM Revocable Trust of Sharon Saville Parker Property_, Pending , MecklenburgCounty, North Carolina (Site name) (Incident #) Current property owner's Deed Book 6420 Pages 774-775 The property that is the subject of this Notice (hereinafter referred to as the "Site") contains residual petroleum and is an Underground Storage Tank (UST) incident under North Carolina's Statutes and Regulations, which consist of N.C.G.S.143-215.94 and regulations adopted thereunder. This Notice is part of a remedial action for the Site that has been approved by the Secretary (or his/her delegate) of the North Carolina Department of Environmental Quality (or its successor in function), as authorized by N.C.G.S. Section. 143B-279.9 and 143B-279.11. The North Carolina Department of Environmental Quality shall hereinafter be referred to as "DEQ". NOTICE Petroleum product was released and/or discharged at the Site. Petroleum constituents remain on the site, but are not a danger to public health and the environment, provided that the restrictions described herein, and any other measures required by DEQ pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.11, are strictly complied with. This "Notice of Residual Petroleum" is composed of a description of the property, the location of the residual petroleum and the land use restrictions on the Site. The Notice has been approved and notarized by DEQ pursuant to N.C.G.S. Sections 143B-279.9 and 143B-279.1 I and has/shall be recorded at the Mecklenburg Register of Deeds' office Book , Page (nano ,fcomtv,) Source Property Revocable Trust of Sharon Saville Parker c/o Jessica Parker of Charlotte, North Carolina (Owner's frame) (city & state of homeowner) is the owner in fee simple of all or a portion of the Site, which is located In the County of Mecklenburg , State of North Carolina, and is known and legally described as: See Attachment A (excerpted from Mecklenburg County Register of Deeds Book 6420 Page 774). Revised Febmary 5, 2019 Page I of 4 submitted electronically by "Cedar Rock Environmental, P.C." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Mecklenburg county Register of Deeds. For protection of public health and the environment, the following land use restrictions required by N.C.G.S. Section 143B-279.9(b) shall apply to all of the above -described real property. These restrictions shall continue in effect as long as residual petroleum remains on the site in excess of unrestricted use standards and cannot be amended or cancelled unless and until the Mecklenburg County Register of Deed receives and records the written concurrence of the Secretary (or his/her delegate) of DEQ (or its successor in function). PERPETUAL LAND USE RESTRICTIONS Soil: Soil containing residual petroleum above applicable regulatory standard(s) remains on the site in the area identified in Figure 1, Attachment B. No soil shall be excavated or disturbed within 3 feet of the area identified in Figure 1, Attachment B except to remediate the soil in accordance with all applicable state and federal statutes, regulations and guidelines. Groundwater: Groundwater from the site is prohibited from use as a water supply. Water supply wells of any kind shall not be installed or operated on the site. The above land use restriction(s) shall be enforced by any owner, operator, or other party responsible for the Site. The above land use restriction(s) may also be enforced by DEQ through any of the remedies provided by law or by means of a civil action, and may also be enforced by any unit of local government having jurisdiction over any part of the Site. Any attempt to cancel this Notice without the approval of DEQ (or its successor in function) shall be subject to enforcement by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of the above restriction(s) shall in no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto, Revised February 5, 2019 Page 2 of 4 IN WITNESS WHEREOF, Revocable Trust of Sharon Saville Parker c/o Jessica Parker has caused this Notice to be executed pursuant. to N.C.G.S. Sections 14313-279.9 and 14313-279.11, this 23a day of July , 2021. (signature of responsible party, attorney or other agent if there is one) President, Cedar Rock Environmental, P. C. (Title of agent for responsible party if there is one) Signatory's name typed or printed: Robert A. Payne NORTH CAROLINA A4 (- iaar-e-- COUNTY (Name of county in which acknowledgment was taken) I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: Robert A. Payne Date: �T-,, 9,30 20 L i (Official Seal (s�tureofNotaryPublic) -:3oS e a k P t?0"/ o-t JOSIAH D. PAYNE- printed or typed name of Notary Public) Notary Public Notary Public Alamance Co., North Carolina My Commission Expires Oct. 22, 2025 My commission expires:Qc f. ZZ,, Z02-S Revised February 5, 2019 Page 3 of 4 Approved four the purposes of N.C.G.S. 14313-279.11 (signature of Regional Supervisor) /9*%2/< & peg Regional Supervisor (printed name of Regional Supervisor) R4-ElP"l Regional Office UST Section Division of Waste Management Department of Environment Quality NORTH CAROLINA W04'-e COUNTY (Name of county in which acknowledgment was taken) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: Mir l,- 2. ?awe-rS (full printed name of Regional Supervisor) Date: (Official Sea]) JOSIAH D. PAYNE Notary Public Alamance Co„ North Carolina My Commission Expires Oct, 22, 2025 (signature of Notary Public) printed or typed name of NotaryPublic) Notary Public My commission expires: z Zt zyz ' Revised February 5, 2019 Page 4 of 4 ATTACHMENT A BEING all of Lot 1, in Block 5 of STONEHAVEN as shown on map thereof recorded in Map Book 8, Page 71 in the office of the Register of Deeds for Mecklenburg County, NC, excepting 7-1/2 foot wide strip off the southerly side of said lot, said 7-1/2 foot strip fronting on Deveron Drive and being the strip conveyed by Deed dated August 19, 1959, from Lee Richardson Wright and husband, to H.B. Carter and wife, and recorded in Book 2071, at Page 85 in the said Register's Office. This conveyance is pursuant to the terms of an Equitable Distribution Order of the Mecklenburg County District Court (89-CVD-14961) and the property conveyed herein shall be the sole, separate property of Grantee, free and clear of any claim whatsoever of Grantor. ATTACHMENT B N This map may not be a certified survey and has not been reviewed by a local government agency for compliance with any applicable land development regulations / and has not been reviewed for compliance / \ with recording requirements for plats. / House / / T1 / / Meredith Barius / Property Martin Jarman / Property / 0 20 40 80 1 Inch = 40 Feet PROJECT: Revocable Trust of Sharon Saville Parker Proper INCIDENT # Pending LOCATION: 6342 Deveron Drive Charlotte, Mecklenburg Co. CRE PROJECT NUMBER: 325222590 CEDAR ROCK ENVIRONMENTAL, P.C. FILENAME: 3252NoRP VERSION DATE: 7122121 NOTE: RESTRICTED AREA (estimated extent of soil contamination exceeding applicable cleanup standards.) Property Lines T1 = 550-Gallon UST FIGURE 1 Beverly, Trudy From: Beverly, Trudy Sent: Thursday, August 19, 2021 1:38 PM To: Jessica Parker Cc: Bob Payne; Josiah Payne; damienkc@bellsouth.net; Caldwell, Shawna; Morris, Brett L. Subject: Revocable Trust of Sharon Saville Parker Property - UST Incident #47974 — Conditional No Further Action Attachments: MO-28738_47974_G_C_20210819_Conditional No Further Action.pdf Please see the attached Conditional No Further Action letter for Revocable Trust of Sharon Saville Parker Property located at 6342 Deveron Drive, Charlotte, Mecklenburg County, North Carolina (UST Incident #47974). Trudy Trudy Beverly, L.G. Hydrogeologist, Division of Waste Management North Carolina Department of Environmental Quality y �J UST Section, Mooresville Regional Office flr:'l IIO' ry�rf��r 704.235.2182 (Office) Trudy. B everlygncdenr. gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Office Mailing Address: 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Branch's Underground Storage Tanks Website Address: https://deg.nc.gov/about/divisions/waste-management/ust Branch's Above Ground Storage Tanks Website Address: https:Hdeq.nc.gov/about/divisions/waste-management/ust/ast-program INTERACTIVE MAPS WITH DWM SITES AND PERMITTED FACILITIES: https://dea.nc. eov/about/divisions/waste-management/waste-management-rules-data/waste-management-eis-mans File Review Procedures: https://deq.nc. gov/about/divisions/waste-management/ust/file-review-procedures#mooresville-regional-office ONLINE ACCESS TO UST SECTION DOCUMENTS (Laserfiche): hitps://deq.nc.gov/about/divisions/waste-management/laserfiche Document Submittal & UST File Names for Laserfiche Policies: https://files.nc.¢ov/ncdeci/Waste%2OManagement/DWM/UST/WhatsNew/Final-Electronic-Document-Submittal-Policv.vdf https:Hfiles.nc. gov/ncdeq/Waste%2OManagement/D WM/UST/Corrective%2OAction/UST%20file%20names%20for%2OLaserfiche.docx